New legislation
The Senate rejected a proposed new civil service law, which the governing coalition intends to use to replace the current Civil Service Act. Critics warn that the bill would weaken safeguards against the politicization of the civil service, that the draft is of insufficient quality, and that it would impose unconstitutional restrictions on the president’s authority over heads of diplomatic missions.
According to its sponsors, the new law is intended to bring the employment of civil servants more in line with standard employment relationships and to streamline the administration of the civil service. Among other things, it provides for the elimination of the so-called “reserve pool” for civil servants who are leaving, the possibility of faster termination of employment when a position is eliminated from the organizational structure, and broader options for filling leadership positions. Supporters of the changes argue that the current regulations are too rigid and hinder the effective management of government agencies. Senators and the opposition, however, object that the bill actually undermines the independence of the civil service. They consider particularly problematic the provision allowing a member of the government to reserve the right to decide on individual personnel cases, which critics argue could open the door to direct political interference in civil servants’ careers.
A separate objection was raised regarding an accompanying amendment to the Foreign Service Act, which would limit the president’s role in appointing and dismissing heads of permanent missions to international organizations. Senators have labeled this amendment unconstitutional, arguing that the powers of the head of state cannot be altered by ordinary law, but only by a constitutional amendment. If the Chamber of Deputies overrides the Senate’s veto, opponents expect a petition to be filed with the Constitutional Court. There is also a broader European dimension at play: the current Civil Service Act was enacted under pressure from the EU precisely because of the requirement for a neutral and professional civil service, particularly when making decisions regarding European subsidies. The bill is now returning to the Chamber of Deputies, which will vote on it again.
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